Compensation for Injuries at Work
This brief guide outlines some of the steps that are involved in claiming compensation for workplace injuries. Ideally you should seek the advice of your union rep as soon after an accident as possible.
The union may be able to support your claim and will refer you to specialist lawyers.
Protecting the interests of injured people.
Hundreds of thousands of people are injured in workplace accidents every year. Tragically hundreds of these are actually fatal.
Money never properly compensates for injuries. It can‘t make you better but it can help make it easier for families and individuals to cope.
Injuries also cause other losses and expenses such as lost wages.
Our goal at Thompson's is to obtain the maximum amount of compensation in the shortest time possible.
Work-related injuries compensation
It is only possible to recover compensation for injuries at work if it can be shown that the employer (or someone for whom the employer was responsible) was at fault.
If someone has had an accident at work or suffers from an industrial disease and the employer was not to blame, compensation is not normally recoverable, although the injured person may still be entitled to DSS benefits.
Specialist legal advice should still be sought even if you are not sure whether it will be possible to show blame. Over the years we have pursued thousands of successful claims where blame initially appeared to be very difficult to establish.
And even if you are partly to blame for the accident we may still be able to recover compensation for you
The important thing is to seek legal advice as soon as possible - this service is free to unison members.
The legal time limits
All legal proceedings in personal injury claims should be started within three years from the date of the accident. After this the case will usually be out of time.
Although the vast majority of claims relate to accidents there are an increasing number of claims invoking conditions such as asbestos related disease, dermatitis, work related upper limb disorders (repetitive strain injuries) and work related stress.
In these cases proceedings must be commenced within three years of the date when the injured person knew or should have known that the condition was caused as a result of work
Often this knowledge will not arise until medical advice has been given. But it is far safer to submit a claim as soon as there are symptoms or discomfort, which may be the result of a disease, contracted in the workplace.
In some cases it is possible to proceed even when more than three years has elapsed. If you are concerned about an accident, which happened over three years ago, or about a condition which was diagnosed over three years ago seek specialist legal advice immediately.
Compensation
Compensation is awarded for pain, suffering and your inability to do things after your accident that you could before. The award is made based upon medical evidence - normally specialist reports - of the injuries suffered, how they affect you now and how they might affect you in the future.
Compensation is also paid to cover financial losses suffered as a result of the accident. You will be entitled to financial compensation for the injuries you have suffered and financial losses or expenses as a result of the accident or disease. The aim is to put you back in a position financially as if the accident had never occurred.
Compensation will cover loss of earnings since the accident and for future loss of earnings. In more serious cases the compensation will extend to alterations to property or vehicles and on-going care costs including those provided by the family.
Compensation can also include payments for DIY work such as gardening or decorating that can no longer be carried out because of injuries.
What will it cost?
If you or a member of your family is a unison member, your first step should be to contact your local union rep to see whether you are entitled to help under the union legal assistance scheme. This is the best option for you.
If this option is not available to you then your first step should be to contact Thompson's Compensation Line on free phone:
0808 100 8050
Your initial interview is free of charge, and we can assess your case and provide practical help at that stage. We offer "no win no fee" agreements in England and Wales. Scotland can offer similar terms under the Compensure scheme approved by the Scottish Law Society.
